Idris Ali Bhuyan v. The State of Assam and 2 Ors

ORDER Date : 22.07.2024 Heard Mr. HRA Choudhury, learned Senior Counsel assisted by Mr. A.Ahmed, learned counsel for the petitioner. Also heard Mr. D.P.Goswami, learned Addl. Public Prosecutor for the State/respondent. By filing this petition under Section 438 Cr.P.C., the petitioner, namely, Idris Ali Bhuyan has prayed for granting pre-arrest bail, apprehending arrest in connection with Abhayapuri P.S. Case No. 146/2024 u/s 376(3) of the IPC r/w Section 6 of POCSO Act. The case diary, as called for, is placed before this Court. The learned counsel for the petitioner, submits that petitioner has been falsely implicated in the case who is the father of the victim. It is also submitted that petitioner has two wives and from his 2nd wife, he got 3 daughters and due to some misunderstanding, his 2nd wife used to live separately for last few years and for last 4 months there was family dispute regarding ancestral landed properties between the petitioner and his brothers as well his 2nd wife. The learned Additional Public Prosecutor has produced the case diary including statement of the victim recorded under Section 164 CrPC and the medical report. The victim in her statement has implicated the petitioner who is the biological father of the victim. Case diary also reveals that the victim is a minor and the petitioner had forcefully committed sexual assault towards her, and as such, prayer for pre-arrest bail may not be considered. Having heard learned counsel for the parties and perusal of the case diary and the medical report, this court is not inclined to grant bail to the petitioner. Page No.# 3/3 Accordingly, the pre-arrest bail application stands rejected. Return the case diary.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010128252024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oAB/1667/2024o IDRISoALIoBHUYANo S/OoLToJAHERoALIoBHUYAN,oR/OoPIRADHARAoPART-I,oP.S.-ABHAYAPURI,o DIST-oBONGAIGAON,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoPUBLICoPROSECUTOR,oASSAM 2:ABUoSHAMAoBHUYAN oS/OoLToJAHERoALIoBHUYAN oR/OoPIRADHARAoPART-I oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAM 3:(VICTIM) oD/OoIDRISoALIoBHUYAN oR/OoPIRADHARAoPART-I oP.S.-ABHAYAPURI oDIST-oBONGAIGAON oASSAo AdvocateoforotheoPetitionerooooo:oMRoHoRoAoCHOUDHURYo AdvocateoforotheoRespondento:oPP,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE MALASRI NANDI